FOR IMMEDIATE RELEASE:
November 1, 2024
Contact: Press_Paul@paul.senate.gov, 202-224-4343
Dr. Rand Paul Files Bipartisan, Bicameral Amicus Brief Urging Supreme Court to Restore Federal Accountability in Wrong-House Raid Case
WASHINGTON, D.C. – Today, U.S. Senators Rand Paul (R-KY), Ron Wyden (D-OR), and Cynthia Lummis (R-WY), alongside Representatives Harriet Hageman (R-WY), Nikema Williams (D-GA-5), Thomas Massie (R-KY-4), and Dan Bishop (R-NC-8) filed a bipartisan, bicameral amicus brief, urging the U.S. Supreme Court to hear Martin v. United States and address the alarming gap in federal accountability created by the Eleventh Circuit’s ruling in this case.
This case centers around a mistaken, forceful raid by federal agents who entered the wrong home in the early hours of the morning. The family inside was jolted awake by a flashbang grenade exploding within their walls. This raid left the family not only traumatized but physically harmed. Despite the evident toll on these innocent individuals and the assault that they suffered, the Eleventh Circuit’s ruling currently bars them from any avenue for recourse under the FTCA, even though Congress designed this law in the wake of several wrong house raids to ensure accountability for federal overreach. This brief asserts that the Eleventh Circuit’s interpretation of the FTCA contradicts the FTCA’s legislative intent and threatens Americans’ protections against federal overreach.
“Congress specifically designed the Federal Tort Claims Act (FTCA) to ensure that individuals harmed by government overreach—such as the wrongful raiding of an innocent person’s home—have a means of recourse. By blocking Trina Martin’s right to seek redress, the Eleventh Circuit’s decision not only undermines Congress’ intent and the FTCA’s fundamental purpose but also establishes troubling precedent that places government actions beyond accountability, compromising Americans’ rights. We must ensure that when the government makes a mistake, citizens can hold it accountable and seek justice. This case is a critical step in preserving that protection,” said Dr. Rand Paul.
“Through the Federal Tort Claims Act, Congress provided a remedy for federal wrong-house raids, but the Eleventh Circuit has taken it away,” explained Patrick Jaicomo, a Senior Attorney at the Institute for Justice, which represents the innocent family. “The brief filed by members of Congress today confirms the availability of that federal remedy, and that the constitutional role of the courts is to enforce—not revoke—the remedy Congress has provided.”
In Martin v. United States, the Eleventh Circuit ruled that victims of the wrong-house raid could not recover damages due to the Supremacy Clause, despite the FTCA’s purpose to hold federal law enforcement accountable for wrongful actions. Congress introduced the FTCA’s law enforcement provision specifically to protect citizens harmed in cases like these, yet the Eleventh Circuit’s stance nullifies that protection, leaving innocent citizens vulnerable.
The Supremacy Clause was intended to assert the primacy of federal statutes—not to obstruct claims explicitly permitted by Congress. The bipartisan, bicameral brief makes it clear that if the Eleventh Circuit’s interpretation is upheld, it will fundamentally undermine the FTCA’s role in federal accountability, allowing agents to act with impunity and without fear of recourse from innocent citizens.
By granting review and overturning the Eleventh Circuit’s decision, the Supreme Court would reinforce the FTCA as Congress intended—empowering Americans to hold federal agents accountable for intentional harms, particularly in cases like these that carry such personal and constitutional significance.
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